- (1.) Heard Sri Rama Shanker Singh, learned counsel for the petitioner, Sri Anil Tiwari, Senior Advocate assisted by Sri Prabhkar Mishra, learned counsel for respondents.
(2.) Facts, as submitted by Sri Rama Shanker Singh, learned counsel for the petitioner, are that in the city of Lucknow there is a agricultural property recorded in the revenue record as Khasra No.222 area 0.569 hectare in village Tewaripur, Pargana Mahona, Tehsil Bakshi-Ka-Talab, District Lucknow, owned by one Smt.Satyana. On 27.5.1985, she executed sale-deed in favour of Ram Khelawan and Guddu in respect to the said property. Thereafter on 27.4.2001 Guddu transferred his half share through registered sale-deed in favour of M/s Shama Sahkari Awas Samiti Limited and on 9.6.2003 Sri Ram Khelawan transferred his half share in favour of petitioner's society/ New Meena Sahkari Awas Samiti Limited, accordingly, land was mutated by order dated 31.3.2005 passed by competent authority in favour of petitioner's society as well as M/s Shama Sahkari Awas Samiti Limited.
(3.) Sri Rama Shanker Singh, learned counsel for the petitioner further submits that said societies in pursuance of its aims and objects allotted various plots to its members. However, the petitioner's society did not allot a plot of land measuring 4400 sq. ft. over which one small room was constructed by the petitioner's society for its office use. As the defendants and their agents are trying to interfere in peaceful possession of the petitioner's society over the piece of land measuring 4400 sq. ft., at Khasra No.222, so on 18.7.2005 , so a Regular Suit No.487 of 2005 has been filed for restraining the respondents no.2 and 3 with the following main prayers:- 589831-2;